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The Welsh Language Standards (No. 7) Regulations 2018

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Regulation 2(1)

SCHEDULE 1Service Delivery Standards

PART 1THE STANDARDS

1Standards relating to correspondence sent by a body
(1) When a body replies to correspondence
Standard 1:If you receive correspondence from a person in Welsh you must reply in Welsh (if an answer is required), unless the person has indicated that there is no need to reply in Welsh.
(2) When a body initiates correspondence
(a) When a body corresponds with an individual
Standard 2:

When you correspond with an individual (“A”) for the first time, you must ask A whether A wishes to receive correspondence from you in Welsh, and if A responds to say that A wishes to receive correspondence in Welsh you must—

(a)

keep a record of A’s wish,

(b)

correspond with A in Welsh when corresponding with A from then onwards, and

(c)

send any forms that A is to complete from then onwards in Welsh.

(b) When a body corresponds with more than one member of the same household
Standard 3:

When you send correspondence addressed to one or more individuals who are members of the same household (for example, the parents of a child) for the first time, you must ask them whether they wish to receive correspondence from you in Welsh; and if—

(a)

all individuals respond to say that they wish to receive correspondence in Welsh, you must keep a record of that wish and correspond in Welsh from then onwards when sending correspondence addressed to all of those individuals;

(b)

one (but not all) of the individuals responds to say that he or she wishes to receive correspondence in Welsh, you must keep a record of that wish and provide a Welsh language version of correspondence from then onwards when sending correspondence addressed to all of those individuals.

(c) When a body corresponds with several persons (for example, when it sends a circular, or sends the same letter to a number of homes)
Standard 4:When you send the same correspondence to several persons, you must send a Welsh language version of the correspondence at the same time as you send any English language version.
(3) General standards relating to correspondence
Standard 5:If you don’t know whether a person wishes to receive correspondence from you in Welsh, when you correspond with that person you must provide a Welsh language version of the correspondence.
Standard 6:If you produce a Welsh language version and a corresponding English language version of correspondence, you must not treat the Welsh language version less favourably than the English language version (for example, if the English version is signed, or if contact details are provided on the English version, then the Welsh version must be treated in the same way).
Standard 7:

You must state—

(a)in correspondence, and

(b)in publications and notices that invite persons to respond to you or to correspond with you,

that you welcome receiving correspondence in Welsh, that you will respond to correspondence in Welsh, and that corresponding in Welsh will not lead to delay.

2Standards relating to telephone calls made and received by a body
(1) Telephone calls made to a body’s main contact number and to any helplines or call centres
Standard 8:When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must greet the person in Welsh.
Standard 9:When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform the person that a Welsh language service is available.
Standard 10:

When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must deal with the call in Welsh if that is the person’s wish until such point as—

(a)

it is necessary to transfer the call to a member of staff who does not speak Welsh who can provide a service on a specific subject matter; and

(b)

no Welsh speaking member of staff is available to provide a service on that specific subject matter.

Standard 11:When you advertise telephone numbers, helpline numbers or call centre services, you must not treat the Welsh language less favourably than the English language.
Standard 12:If you offer a Welsh language service on your main telephone number (or numbers), on any helpline numbers or call centre numbers, the telephone number for the Welsh language service must be the same as for the corresponding English language service.
Standard 13:When you publish your main telephone number, or any helpline numbers or call centre service numbers, you must state (in Welsh) that you welcome calls in Welsh.
Standard 14:If you have performance indicators for dealing with telephone calls, you must ensure that those performance indicators do not treat telephone calls made in Welsh any less favourably than calls made in English.
Standard 15:Your main telephone call answering service (or services) must inform persons calling, in Welsh, that they can leave a message in Welsh.
Standard 16:When there is no Welsh language service available on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform persons calling, in Welsh (by way of an automated message or otherwise), when a Welsh language service will be available.
(2) Telephone calls made to departments and to members of a body’s staff
Standard 17:

If a person contacts one of your departments on a direct line telephone number (including on staff members’ direct line numbers), and that person wishes to receive a service in Welsh, you must deal with the call in Welsh until such point as—

(a)

it is necessary to transfer the call to a member of staff who does not speak Welsh who can provide a service on a specific subject matter; and

(b)

no Welsh speaking member of staff is available to provide a service on that specific subject matter.

Standard 18:When a person contacts you on a direct line number (whether on a department’s direct line number or on the direct line number of a member of staff), you must ensure that, when greeting the person, the Welsh language is not treated less favourably than the English language.
(3) Telephone calls made by a body
Standard 19:When you telephone an individual (“A”) for the first time you must ask A whether A wishes to receive telephone calls from you in Welsh, and if A responds to say that A wishes to receive telephone calls in Welsh you must keep a record of that wish, and conduct telephone calls made to A from then onwards in Welsh.
(4) A body dealing with telephone calls using an automated system
Standard 20:Any automated telephone systems that you have must provide the complete automated service in Welsh.
3Standards relating to a body holding meetings that are not open to the public
(1) Meetings between a body and one other invited person
Standard 21:

If you invite one person only (“P”) to a meeting—

(a)

you must ask P whether P wishes to use the Welsh language at the meeting, and inform P that you will conduct the meeting in Welsh or, if necessary, provide a translation service from Welsh to English for that purpose, and

(b)

if P has informed you that P wishes to use the Welsh language at the meeting, you must conduct the meeting in Welsh or, if necessary, arrange for a simultaneous or consecutive translation service from Welsh to English to be available at the meeting.

(2) Meetings between a body and more than one invited person
Standard 22:If you invite more than one person to a meeting, you must ask each person whether they wish to use the Welsh language at the meeting.
Standard 22A:If you have invited more than one person to a meeting, and at least 10% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous or consecutive translation service from Welsh to English to be available at the meeting.
Standard 22B:If you have invited more than one person to a meeting, and at least 20% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous or consecutive translation service from Welsh to English to be available at the meeting.
Standard 22C:If you have invited more than one person to a meeting, and at least 30% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous or consecutive translation service from Welsh to English to be available at the meeting.
Standard 22CH:If you have invited more than one person to a meeting, and all of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must conduct the meeting in Welsh or, if necessary, arrange for a simultaneous or consecutive translation service from Welsh to English to be available at the meeting.
4Standards relating to in-patients
Standard 23:You must ask an in-patient (“A”) on the first day of A’s in-patient admission whether A wishes to use the Welsh language to communicate with you during that in-patient admission.
Standard 23A:If the in-patient (“A”) informs you that A wishes to use the Welsh language to communicate with you during an in-patient admission you must identify to your staff who are likely to communicate with A, that A wishes to use the Welsh language to communicate with you during that in-patient admission.
Standard 24:You must produce and publish a policy on how to establish whether an in-patient (“A”) wishes to use the Welsh language during A’s in-patient admission if A is unable to inform you that A wishes to use the Welsh language to communicate with you during an in-patient admission.
5Standards relating to case conferences
Standard 25:

If you invite an individual (“A”), to a case conference which will be held 5 or more working days after the invitation is sent—

(a)

you must ask A whether A wishes to use the Welsh language at the case conference, and inform A that, you will conduct the conference in Welsh, or if necessary provide a translation service from Welsh to English and from English to Welsh for that purpose, and

(b)

if A has informed you that A wishes to use the Welsh language at the case conference, you must conduct the conference in Welsh or, if necessary, provide a simultaneous or consecutive translation service from Welsh to English and from English to Welsh.

6Standards relating to meetings arranged by a body that are open to the public
Standard 26:If you arrange a meeting that is open to the public and at which public participation is allowed you must state on any material advertising it, and on any invitation to it, that anyone attending is welcome to use the Welsh language at the meeting.
Standard 27:When you send invitations to a meeting that you arrange which is open to the public and at which public participation is allowed, you must send the invitations in Welsh.
Standard 28:

If you invite persons to speak at a meeting that you arrange which is open to the public and at which public participation is allowed, you must—

(a)

ask each person invited to speak whether he or she wishes to use the Welsh language, and

(b)

if that person (or at least one of those persons) has informed you that he or she wishes to use the Welsh language at the meeting, provide a simultaneous or consecutive translation service from Welsh to English for that purpose (unless you conduct the meeting in Welsh without a translation service).

Standard 29:

If you arrange a meeting that is open to the public and at which public participation is allowed, you must ensure that a simultaneous translation service from Welsh to English is available at the meeting, and you must orally inform those present in Welsh—

(a)

that they are welcome to use the Welsh language, and

(b)

that a simultaneous translation service is available.

Standard 30:If you produce and display any written material at a meeting that you arrange which is open to the public, you must ensure that the material is displayed in Welsh, and you must not treat any Welsh language text less favourably than the English language text.
7Standards relating to public events organised or funded by a body
Standard 31:If you organise a public event, or fund at least 50% of a public event, you must ensure that, in promoting the event, the Welsh language is treated no less favourably than the English language (for example, in the way the event is advertised or publicised).
Standard 32:If you organise a public event, or fund at least 50% of a public event, you must ensure that the Welsh language is treated no less favourably than the English language at the event (for example, in relation to services offered to persons attending the event, in relation to signs you produce and display at the event and in relation to audio announcements made at the event).
8Standard relating to a body’s publicity and advertising
Standard 33:Any publicity or advertising material that you produce must be produced in Welsh, and if you produce the material in Welsh and in English, you must not treat the Welsh language version less favourably than you treat the English language version.
9Standards relating to a body displaying material in public
Standard 34:Any material that you produce and display in public must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than the English language version.
Standard 35:Any material that you produce and display at a public exhibition organised by you must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than you treat an English language version.
10Standards relating to a body producing and publishing documents and forms
Standard 36:If you produce a form that is to be completed by an individual, you must produce it in Welsh.
Standard 37:

If you produce a document (but not a form) which is available to one or more individuals, you must produce it in Welsh—

(a)

if the subject matter of the document suggests that it should be produced in Welsh, or

(b)

if the anticipated audience, and their expectations, suggests that the document should be produced in Welsh.

Standard 38:

If you produce a document or a form in Welsh and in English you must—

(a)

not treat any Welsh language version less favourably than you treat the English language version (whether separate versions or not);

(b)

not differentiate between the Welsh and English version in relation to any requirements that are relevant to the document or form (for example in relation to any deadline for submitting the form, or in relation to the time allowed to respond to the content of the document or form); and

(c)

ensure that the English language version clearly states that the document or form is also available in Welsh.

11Standards relating to a body’s websites and on-line services
(1) Websites published by a body
Standard 39:

You must ensure that—

(a)

the text of each page of your website is available in Welsh,

(b)

every Welsh language page on your website is fully functional, and

(c)

the Welsh language is not treated less favourably than the English language on your website.

Standard 40:

You must ensure that—

(a)

the text of the homepage of your website is available in Welsh,

(b)

any Welsh language text on your homepage (or, where relevant, your Welsh language homepage) is fully functional, and

(c)

the Welsh language is treated no less favourably than the English language in relation to the homepage of your website.

Standard 41:

You must ensure that when you publish a new page on your website or amend a page—

(a)

the text of that page is available in Welsh,

(b)

any Welsh language version of that page is fully functional, and

(c)

the Welsh language is treated no less favourably than the English language in relation to that page.

Standard 42:If you have a Welsh language web page that corresponds to an English language web page, you must state clearly on the English language web page that the page is also available in Welsh, and you must provide a direct link to the Welsh page on the corresponding English page.
Standard 43:You must provide the interface and menus on every page of your website in Welsh.
(2) Apps published by a body
Standard 44:All apps that you publish must function fully in Welsh, and the Welsh language must be treated no less favourably than the English language in relation to that app.
12Standards relating to a body’s use of social media
Standard 45:When you use social media you must not treat the Welsh language less favourably than the English language.
Standard 46:If a person contacts you by social media in Welsh, you must reply in Welsh (if an answer is required).
13Standards relating to signs and notices displayed or published by a body
Standard 47:

When you—

(a)erect a new sign or renew a sign (including temporary signs); or

(b)publish or display a notice;

any text displayed on the sign or notice must be displayed in Welsh (whether on the same sign or notice as you display corresponding English language text or on a separate sign or notice); and if the same text is displayed in Welsh and in English, you must not treat the Welsh language text less favourably than the English language text.

Standard 48:

When you—

(a)erect a new sign or renew a sign (including temporary signs); or

(b)publish or display a notice;

which conveys the same information in Welsh and in English, the Welsh language text must be positioned so that it is likely to be read first.

Standard 49:You must ensure that the Welsh language text on signs and notices is accurate in terms of meaning and expression.
14Standards relating to a body receiving visitors at its buildings
Standard 50:Any reception service you make available in English at your reception must also be available in Welsh, and any person who requires a Welsh language reception service at your reception must not be treated less favourably than a person who requires an English language reception service.
Standard 51:If you have no face to face Welsh language reception service available at your reception, you must ensure that a Welsh language reception service is available over a phone in your reception.
Standard 52:You must display a sign in your reception which states (in Welsh) that persons are welcome to use the Welsh language at the reception.
Standard 53:You must ensure that staff at the reception who are able to provide a Welsh language reception service wear a badge to convey that.
15Standards relating to a body awarding grants
Standard 54:Any documents that you publish which relate to applications for a grant must be published in Welsh, and you must not treat a Welsh language version of such documents less favourably than an English language version.
Standard 55:

When you invite applications for a grant, you must—

(a)

state in the invitation that applications may be submitted in Welsh and that any application submitted in Welsh will be treated no less favourably than an application submitted in English; and

(b)

not treat applications for a grant submitted in Welsh less favourably than applications submitted in English (including, amongst other matters, in relation to the closing date for receiving applications and in relation to the time-scale for informing applicants of decisions).

Standard 56:When you inform an applicant of your decision in relation to an application for a grant, you must do so in Welsh if the application was submitted in Welsh.
16Standards relating to a body awarding contracts
Standard 57:Any invitations to tender for a contract that you publish must be published in Welsh if the subject matter of the contract suggests that it should be produced in Welsh, and you must not treat a Welsh language version of any invitation less favourably than an English language version.
Standard 58:

When you publish invitations to tender for a contract, you must—

(a)

state in the invitation that tenders may be submitted in Welsh, and that a tender submitted in Welsh will be treated no less favourably than a tender submitted in English, and

(b)

not treat a tender for a contract submitted in Welsh less favourably than a tender submitted in English (including, amongst other matters, in relation to the closing date for receiving tenders, and in relation to the time-scale for informing tenderers of decisions).

Standard 59:When you inform a tenderer of your decision in relation to a tender, you must do so in Welsh if the tender was submitted in Welsh.
17Standards for raising awareness about Welsh language services provided by a body
Standard 60:You must promote any Welsh language service that you provide, and advertise that service in Welsh.
Standard 61:If you provide a service in Welsh that corresponds to a service you provide in English, any publicity or document that you produce, or website that you publish, which refers to the English service must also state that a corresponding service is available in Welsh.
18Standard relating to a body’s corporate identity
Standard 62:When you form, revise or present your corporate identity, you must not treat the Welsh language less favourably than the English language.
19Standard relating to courses offered by a body
Standard 63:

If you offer an education course to one or more individuals, you must—

(a)

undertake an assessment of the need for that course to be offered in Welsh;

(b)

offer that course in Welsh if the assessment indicated that the course needs to be offered in Welsh.

20Standard relating to public address systems used by a body
Standard 64:When you announce a recorded message over a public address system, you must make that announcement in Welsh and, if the announcement is made in Welsh and in English, the announcement must be made in Welsh first.
21Standards relating to primary care
Standard 65:When you know that a primary care provider is willing to provide a primary care service or part of a primary care service through the medium of Welsh, you must designate and maintain a page on your website (in Welsh) containing that information.
Standard 66:

You must—

(a)

provide an English to Welsh translation service for use by a primary care provider to enable it to obtain Welsh language translations of signs or notices displayed in connection with its primary care service, and

(b)

encourage the use of the translation service provided by you in accordance with this standard.

Standard 67:

You must—

(a)

make available to a primary care provider a badge for it or its staff to wear to convey that they are able to speak Welsh, and

(b)

promote to a primary care provider the wearing of the badge.

Standard 68:

You must provide training courses, information or hold events so that a primary care provider can develop—

(a)

an awareness of the Welsh language (including awareness of its history and its role in Welsh culture); and

(b)

an understanding of how the Welsh language can be used in the workplace.

PART 2STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS

22When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row (or with one or more of those standards where that is stated).

TABLE 1

Column 1Column 2
RowMain standardReliant standard
(1)Replying to correspondence
Standard 1Standard 7
(2)Corresponding with members of the same household
Standard 3Standard 6
(3)Corresponding with several persons
Standard 4

Standard 6

Standard 7

(4)General standards relating to correspondence
Standard 5

Standard 6

Standard 7

(5)Raising awareness about corresponding in Welsh
Standard 7Standard 1
(6)Receiving telephone calls
Standard 9Standard 10
(7)Receiving telephone calls
Standard 10

Standard 9

Standard 13

(8)Raising awareness about telephone services in Welsh
Standard 13

Standard 10

Standard 15 and

Standard 16

(9)Meetings with more than one person
Standard 22

One or more of the following:

Standard 22A

Standard 22B

Standard 22C

and also;

Standard 22CH

(10)Meetings with more than one person
Standard 22A, 22B, 22C or 22CHStandard 22
(11)In-patients
Standard 23Standard 23A
(12)In-patients
Standard 23AStandard 23
(13)Public meetings
Standard 26Standard 29
(14)Public meetings
Standard 29Standard 26
(15)Documents and forms
Standard 36 or 37Standard 38
(16)Websites
Standard 39, 40 or 41Standard 42
(17)Signs and notices
Standard 47 or 48Standard 49
(18)Reception
Standard 50

Standard 52

Standard 53

(19)Reception
Standard 51Standard 52
(20)Raising awareness of Welsh-language services in a reception
Standard 52

One or more of the following:

Standard 50

Standard 51

(21)Grants
Standard 55Standard 56
(22)Contracts
Standard 58Standard 59

PART 3INTERPRETING THE STANDARDS

23The standards specified in Part 1 of this Schedule must be interpreted as follows.
24

The standards only apply to the extent that a body—

(a) delivers services to a person, or

(b) deals with any other person in connection with delivering services—

(i) to that other person, or

(ii) to a third person.

25The standards do not apply to the extent that the activity carried out or the service provided relates to research.
26A body is not required to produce, to display or to send material in Welsh to the extent that another enactment has specified the wording of a document, a sign or a form which would run contrary to that requirement.
27

For the purposes of the standards—

(a) a requirement to produce, to send, to publish, to display, to make available or to issue any written material in Welsh does not mean that the material should be produced, sent, published, displayed, made available or issued in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard);

(b) a requirement to provide a service in Welsh does not mean that that service should only be provided in Welsh (unless that is specifically stated in the standard).

28

(1) A body is not required to translate into Welsh any text that it has not produced (“text A”).

(2) A body will not be treating the Welsh language less favourably if it does not translate text A into Welsh but see sub-paragraph (3).

(3) A body must use the Welsh version of text A if another person has produced text A in Welsh in accordance with—

(a) its Welsh Language Scheme;

(b) a duty to comply with standards;

(c) Standing Orders of the Assembly;

(ch) section 35(1C) of the 2006 Act; or

(d) the Assembly Commission’s Official Languages Scheme.

(4) In this paragraph—

(a) “Welsh Language Scheme” means a Welsh language scheme produced in accordance with Part 2 of the Welsh Language Act 1993(1);

(b) “a duty to comply with standards” means a duty to comply with a standard under section 25 of the Welsh Language (Wales) Measure 2011;

(c) “the 2006 Act” means the Government of Wales Act 2006(2);

(ch) “Standing Orders of the Assembly” means standing orders made under section 31 of the 2006 Act;

(d) “the Assembly Commission’s Official Languages Scheme” means the Scheme adopted and published under paragraph 8 of Schedule 2 to the 2006 Act.

29

(1) If—

(a)the conditions in paragraphs (i) to (iii) are met, or

(b)the condition in sub-paragraph (2) is met,

a person or body listed in Schedule 1 to the Civil Contingencies Act 2004(3) (“the 2004 Act”) is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (ii)—

(i)the first condition is that an emergency has occurred, is occurring or is about to occur;

(ii)the second condition is that the activity being carried out or the service being provided by the person or body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of an emergency; and

(iii)the third condition is that the need for the activity or the service referred to in paragraph (ii) is urgent.

(2) The condition is that the person or body is undertaking an emergency drill.

(3) In this paragraph, “emergency” has the same meaning given to it in section 1 of the 2004 Act subject to sub-paragraph (4).

(4) If the condition in sub-paragraph (2) is met, then the reference to “an emergency” in sub-paragraph (1)(ii) is to be read as “the simulated emergency situation”.

30

(1) Where the emergency is not an emergency within the meaning of paragraph 29, and—

(a)the conditions in paragraphs (i) to (iii) are met, or

(b)the condition in sub-paragraph (2) is met,

a body is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (ii)—

(i)the first condition is that an emergency has occurred, is occurring or is about to occur;

(ii)the second condition is that the activity being carried out or the service being provided by the body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of an emergency; and

(iii)the third condition is that the need for the activity or the service referred to in paragraph (ii) is urgent and it is occurring outside of a hospital building.

(2) The condition is that the body is undertaking an emergency drill.

(3) If the condition in sub-paragraph (2) is met, then the reference to “an emergency” in sub-paragraph (1)(ii) is to be read as “the simulated emergency”.

31

(1) Where a body is responding to the notification of a suspected disease, infection, causative agent or contamination within the meaning of the Public Health (Control of Diseases) Act 1984(4)(“the 1984 Act”) or any regulations made under the 1984 Act, and—

(a)the conditions in paragraphs (i) and (ii) are met, or

(b)the condition in sub-paragraph (2) is met,

a body is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (ii)—

(i)the first condition is that a proper officer (within the meaning of the 1984 Act) determines that the case is urgent; and

(ii)the second condition is that the activity being carried out or the service being provided by the body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of a disease, infection, contamination or the causative agent.

(2) The condition is that the body is undertaking a drill.

(3) If the condition in sub-paragraph (2) is met, then the reference to “a disease, infection, contamination or causative agent” in sub-paragraph (1)(ii) is to be read as “the simulated disease, infection, contamination or causative agent”.

32For the purposes of standards 2, 3 and 19, a body corresponds with an individual or makes a telephone call to an individual for the first time when it corresponds or makes a telephone call for the first time after the date on which a compliance notice has required the body to comply with the standard.
33Standards 1 to 5 do not apply to correspondence which contains the report of a clinical consultation (including, for example, test results).
34Standards 4 and 5 do not apply to correspondence between a body and a person (who is not an individual) about one or more individuals.
35

Standards 8 to 10 and 13 to 16 do not apply to calls made to the following telephone numbers—

(a)

999;

(b)

112.

36Standard 19 does not apply to the extent that the activity carried out or the service provided relates to a primary care service.
37In standard 20 an “automated” telephone system means a system that answers telephone calls and guides persons through a set procedure with a recorded message which, for example, asks a person to press different keys in order to choose different options.
38

(1) The standards in sub-paragraph (2) do not apply to a meeting between the body and one or more persons to discuss the assessment, diagnosis or treatment of one or more named individuals and none of those individuals are present at that meeting.

(2) The standards referred to in sub-paragraph (1) are—

(a)standards 8 to 20 (telephone calls);

(b)standards 21 to 22CH (meetings);

(c)standards 26 to 30 (meetings open to the public);

(ch)standard 32 (public events);

(d)standards 39 to 44 (websites and online services);

(dd)standards 45 and 46 (social media).

39

(1) The standards in sub-paragraph (2) do not apply to a clinical consultation or a case conference (see standards 23 to 24 for in-patients and standard 25 for case conferences).

(2) The standards referred to in sub-paragraph (1) are—

(a)standards 8 to 20 (telephone calls);

(b)standards 21 to 22CH (meetings);

(c)standards 26 to 30 (meetings open to the public);

(ch)standard 32 (public events);

(d)standards 39 to 44 (websites and online services);

(dd)standards 45 and 46 (social media).

40

In standard 25—

(a)

a “working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 1971 or other public holiday;

(b)

a “working day” does not include the day on which the invitation was sent.

41

Standard 32 does not apply to—

(a)

performances of music;

(b)

artistic or dramatic productions;

(c)

seminars or oral presentations relating to the performance or production; or

(ch)

any recording of the performance, production, seminar or oral presentation.

42Standards 32 and 64 do not apply when the message that you announce over a public address system is made during an emergency or an emergency drill.
43

Where a standard refers to material that is to be produced in Welsh (with the exception of standards 39 to 44 (websites and apps), 45 and 46 (social media) and 57 (invitations to tender)), references to treating the Welsh language no less favourably than the English language, or to treating a Welsh language version no less favourably than an English language version, include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards—

(a)

the visual presentation of material (for example in relation to the colour or font of any text);

(b)

the size of the material;

(c)

the position and prominence of the material in any public place;

(ch)

when and how the material is published, provided or exhibited; or

(d)

the publication format of the material.

44

For the purposes of standard 37 references to documents or other materials being available to one or more individuals do not include documents or materials that are only available to individuals by virtue of the Freedom of Information Act 2000(5).

45

(1) Standards 36 and 38 do not apply to the forms listed in sub-paragraph (3).

(2) For the purposes of standard 2, a body is not required to send a Welsh language version of the forms listed in sub-paragraph (3).

(3) The forms are—

(a)forms used by a body to recruit employees (see standards 107A and 108 in relation to recruitment);

(b)forms used when applying for grant assistance from a body (see standards 54 to 56 in relation to applications for grants); and

(c)forms used when submitting a tender to enter into a contract with a body (see standards 57 to 59 in relation to tendering for a contract).

46

Standards 36 to 38 do not apply—

(a)

to an enactment made by a body or to a draft enactment prepared by a body;

(b)

to any advertising material contained in a document;

(c)

to rules specified in an enactment or in a draft enactment prepared by a body; or

(ch)

when a form or document produced by the body provides information in relation to a named individual.

47

Standards 39 to 43 (websites) do not apply to—

(a)

documents to which a link is provided on a website, advertising material on a website, or to video and audio clips on a website (see standards 36 to 38 for specific provision in relation to documents, and standard 33 in relation to advertising material produced by a body);

(b)

information presented by persons (other than the body) on an interactive page published on a body’s website (for example on a section for comments or on a discussion forum); or

(c)

a webpage which contains the report of a clinical consultation (including, for example, test results).

48

(1) For the purpose of standard 44 an ‘app’ is a software application designed to undertake a specific task on an electronic device.

(2) Standard 44 does not apply to any advertising material on an app (see standard 33 in relation to advertising material produced by a body).

49

For the purpose of standards 39 to 41 (websites), 44 (apps) and 45 (social media), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards—

(a)

the visual presentation of the material (for example in relation to the colour, size, font and format of any text), or

(b)

when material is published on the website, app or social media;

but it does not mean that Welsh language material must appear on the same page as English language material, or on a page that a person is likely to find before the English language page when searching.

50

(1) Standards 1 to 7 (correspondence) do not apply to correspondence sent by social media (see standards 45 and 46 in relation to social media).

(2) Standards 39 to 44 (websites and apps) do not apply to social media (see standards 45 and 46 in relation to social media).

51

Standards 45 and 46 (social media) do not apply to—

(a)

documents to which a link is provided through social media, or to video and audio clips provided through social media (see standards 36 to 38 for specific provision in relation to documents, and standard 33 in relation to advertising material produced by a body);

(b)

information presented by persons (other than the body) on a body’s social media account (for example on a section for comments); or

(c)

information sent by social media which contains the report of a clinical consultation (including, for example, test results).

52

For the purposes of standards 50 to 53 (receiving visitors)—

(a)“reception” means an area in a body’s hospitals, offices and service locations where staff’s main role is to welcome persons; and

(b)“reception service” means a service for welcoming persons to the body’s hospitals, offices or service locations by staff whose main role is for that purpose.

53For the purposes of standards 7 and 47 to 49 a “notice” means any notice that a body publishes, but it does not include notices prescribed by an enactment.
54

For the purposes of standard 57 (invitation to tender)—

(a)

a body is not required to publish an invitation to tender in Welsh in the Official Journal of the European Union;

(b)

a reference to treating a Welsh language version no less favourably than an English language version includes, amongst other matters, treating the Welsh language no less favourably as regards—

(i)

the visual presentation of material (for example in relation to the colour or font of any text);

(ii)

the size of the material;

(iii)

the position and prominence of the material in any public place;

(iv)

when and how the material is published, provided or exhibited; or

(v)

the publication format of material;

but a body will not be treating the Welsh language less favourably than the English language by not publishing an invitation to tender in Welsh in the Official Journal of the European Union.

55

(1) For the purposes of standard 62, the reference to a body forming or presenting its “corporate identity” includes, amongst other things, the way a body presents itself by means of visual statements, the name or names used by a body, and a body’s branding and slogans (for example, branding and slogans printed on its stationery).

(2) Standard 62 does not apply to the extent that an enactment requires a body to use a legal name.

56

For the purposes of standard 63 (courses), an “education course” means any seminar, training, workshop or similar provision which is provided in order to educate or to improve the skills of individuals; but does not include—

(a)

an education course that prepares a participant for a qualification or an exam;

(b)

an education course where the majority of participants are undertaking the course as part of their professional development;

(c)

an education course where the majority of participants will be members of staff; or

(ch)

an education course for which a fee is paid.

57

For the purposes of the standards “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—

(a)

an Act of Parliament; or

(b)

a Measure or an Act of the National Assembly for Wales.

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